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35-4-432
Section 35-4-432 Prohibition. A private transfer fee obligation recorded or entered into in
this state on or after May 25, 2011, does not run with the title to real property and is not
binding on or enforceable at law or in equity against any subsequent owner, purchaser, or
mortgagee of any interest in real property as an equitable servitude or otherwise. Any private
transfer fee obligation that is recorded or entered into in this state on or after May 25,
2011, is void and unenforceable. This section does not create a presumption that a private
transfer fee obligation recorded or entered into in this state before May 25, 2011, is valid
and enforceable. (Act 2011-260, p. 474, §1.)...
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35-4-435
Section 35-4-435 Notice requirements for existing private transfer fee obligations. (a) The
payee of a private transfer fee obligation imposed prior to May 25, 2011, shall record, prior
to December 31, 2011, against the real property subject to the private transfer fee obligation,
a separate document in the office of the judge of probate for each county in which the real
property is located which complies with all of the following requirements: (1) The title of
the document shall be "Notice of Private Transfer Fee Obligation" in at least 14-point
boldface type. (2) The amount, if the private transfer fee is a flat amount, or the percentage
of the sales price constituting the cost of the private transfer fee, or such other basis
by which the private transfer fee is to be calculated. (3) If the real property is residential
property, actual dollar-cost examples of the private transfer fee for a home priced at two
hundred fifty thousand dollars ($250,000), five hundred thousand dollars...
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35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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35-4-434
Section 35-4-434 Disclosure. (a) Any contract for the sale of real property subject to a private
transfer fee obligation shall include a provision disclosing the existence of that obligation,
a description of the obligation, and a statement that private transfer fee obligations are
subject to certain prohibitions under this article. A contract for sale of real property which
does not conform to the requirements of this section is not enforceable by the seller against
the buyer, nor is the buyer liable to the seller for damages under such a contract, and the
buyer under the contract is entitled to the return of all deposits made in connection with
the sale of the real property. (b) Where a private transfer fee obligation is not disclosed
under subsection (a) and a buyer subsequently discovers the existence of the private transfer
fee obligation after title to the property has passed to the buyer, the buyer has the right
to recover both: (1) Any and all damages resulting from the failure...
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35-4-430
Section 35-4-430 Intent. The Legislature finds and declares that the public policy of this
state favors the marketability of real property and the transferability of interests in real
property free of title defects or unreasonable restraints on alienation. The Legislature further
finds and declares that private transfer fee obligations violate this public policy by impairing
the marketability and transferability of real property and by constituting an unreasonable
restraint on alienation regardless of the duration of the obligation to pay a private transfer
fee, the amount of a private transfer fee, or the method by which any private transfer fee
is created or imposed. Thus, the Legislature finds and declares that a private transfer fee
obligation should not run with the title to property or otherwise bind subsequent owners of
property under any common law or equitable principle. (Act 2011-260, p. 474, §1.)...
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11-50A-7
Section 11-50A-7 Tax exemptions; payments in lieu of taxes. All bonds, bond anticipation notes,
and notes issued by the authority, the interest thereon, and the income therefrom shall be
forever exempt from all taxation in the state. All income of the authority, all obligations,
lease agreements, and mortgages of the authority, all conveyances by or to the authority,
and all lien notices or other filings with respect to the property of the authority and the
transfer thereof shall be forever exempt from any and all taxation in the state. The purchase,
sale, or use of property by the authority shall be exempt from all sales, use, and license
taxes levied by the state and all political subdivisions of the state. All property of the
authority shall be exempt from ad valorem property taxation. Nevertheless, the authority,
or any agent of the authority designated for the purpose of constructing, maintaining, or
operating any project of the authority, shall pay to any validly constituted...
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41-9-249
Section 41-9-249 Powers and duties of commission generally. The commission shall have the following
duties and powers: (1) To promote and increase knowledge and understanding of the history
of this state from the earliest time to the present, including the archaeological, Indian,
Spanish, British, French, Colonial, Confederate and American eras, by adopting and executing
general plans, methods and policies for permanently preserving and marking objects, sites,
structures and ruins as defined in Section 41-9-242; (2) To promote and assist in the publicizing
of the historic resources of the state by preparing and furnishing information to public mass
media and to governmental agencies charged with publicity and to coordinate any of its objectives,
efforts or functions with any agency or agencies of the federal government, of the State of
Alabama and of other states or local governments having objectives similar or related to those
of the commission; (3) To accept for renovation,...
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41-8-21
Section 41-8-21 Enactment of compact; form. The Interstate Library Compact is hereby enacted
into law and entered into by this state with all states legally joining therein in the form
substantially as follows: INTERSTATE LIBRARY COMPACT. Article I. Policy and Purpose. Because
the desire for the services provided by libraries transcends governmental boundaries and can
most effectively be satisfied by giving such services to communities and people regardless
of jurisdictional lines, it is the policy of the states party to this compact to cooperate
and share their responsibilities; to authorize cooperation and sharing with respect to those
types of library facilities and services which can be more economically or efficiently developed
and maintained on a cooperative basis and to authorize cooperation and sharing among localities,
states and others in providing joint or cooperative library services in areas where the distribution
of population or of existing and potential library...
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